The Seaman's Friend: Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant serviceDana, Richard Henry
Science
The Seaman's Friend: Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant service
Dana, Richard Henry
Maritime law; Merchant marine; Naval art and science; Naval art and science -- Dictionaries; Seamanship
REVOLT AND MUTINY.--If any one or more of the crew of an American
vessel shall by fraud or force, or by threats or intimidations, take
the command of the vessel from the master or other commanding officer,
or resist or prevent him in the free and lawful exercise of his
authority, or transfer the command to any other person not lawfully
entitled to it; every person so offending, and his aiders and
abbettors, shall be deemed guilty of a revolt or mutiny and felony; and
shall be punished by fine not exceeding $2000, and by imprisonment and
confinement to hard labor not exceeding ten years, according to the
nature and aggravation of the offence.[187] And if any seaman shall
endeavor to commit a revolt or mutiny, or shall combine with others on
board to make a revolt or mutiny, or shall solicit or incite any of the
crew to disobey or resist the lawful orders of the master or other
officer, or to refuse or neglect their proper duty on board, or shall
assemble with others in a riotous or mutinous manner, or shall
unlawfully confine the master or other commanding officer,--every
person committing any one or more of these offences shall be imprisoned
not exceeding five years, or fined not exceeding $1000, or both,
according to the nature and aggravation of the offence.[188]
[187] Act 1835, ch. 313, §1.
[188] Do. §2.
It will be seen that the first of these laws applies only to cases
where seamen actually throw off all authority, deprive the master of
his command, and assume the control themselves, which is to make a
revolt. The last is designed to punish endeavors and combinations to
make a revolt, which are not fully carried out.
Every little instance of disobedience, or insolent conduct, or even
force used against the master or other officer, will not be held a
revolt or an endeavor to make a revolt. There must be something showing
an intention to subvert the lawful authority of the master.[189] It
does not excuse seamen, however, from this offence, that they confined
their refusal to one particular portion of their duty. If that duty was
lawfully required of them, it is equally a subversion of authority as
if they had refused all duty.[190]
[189] 4 Wash. 528. 1 Pet. Ad. 178.
[190] 4 Mason, 105.
If the crew interfere by force or threats to prevent the infliction of
punishment for a gross offence, it is an endeavor to commit a
revolt.[191]
[191] 1 Sumner, 448.
To constitute the offence of confining the master, it is not necessary
that he should be forcibly secured in any particular place, or even
that his body should be seized and held; any act which deprives him of
his personal liberty in going about the ship, or prevents his doing his
duty freely, (if done with that intention,[192]) is a confinement.[193]
So is a threat of immediate bodily injury, if made in such a manner as
would reasonably intimidate a man of ordinary firmness.[194]
[192] 4 Wash. 428.
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